Christodoulides v First Unum Life Ins. Co.
2012 NY Slip Op 04889 [96 AD3d 1607]
June 15, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


John Christodoulides, M.D., Respondent, v First Unum Life Insurance Company, Defendant, and Life Insurance Company of Boston and New York, Appellant. (Appeal No. 2.)

—[*1] Phillips Lytle LLP, Buffalo (Paul K. Stecker of counsel), for defendant-appellant.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Hugh C. Carlin of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 17, 2011. The judgment awarded plaintiff money damages against defendant Life Insurance Company of Boston and New York.

It is hereby ordered that the judgment so appealed from is unanimously vacated and the same order as in Christodoulides v First Unum Life Ins. Co. (96 AD3d 1603 [2012]) is further modified on the law by denying that part of plaintiff's cross motion against defendant Life Insurance Company of Boston and New York, and by vacating the declaration and the award of damages against that defendant, and as further modified the order is affirmed without costs.

Same memorandum as in Christodoulides v First Unum Life Ins. Co. ([appeal No. 1] 96 AD3d 1603 [2012]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.